August 3, 2020 Commission Minutes

August 3, 2020 Commission Minutes

August 3, 2020 Commission Minutes

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August 3, 2020                                                                                                                        5:00 P.M.

Mayor John Garcia called the meeting to order with Vice-Mayor Aaron Thompson, Commissioner Jay Dee Brumbaugh, Commissioner J. J. Howard and Commissioner Gary Farris responding to roll call. 

Also present were Rich Simon – Director of Public Works, Dustin Bedore – Director of Electric Utilities, Sami Windle – Museum Director, Joshua Jordan – IT Director, Kenton Keith – Street Superintendent, Neal Thornburg – Water/Sewer Superintendent, Danny Krayca – Parks Superintendent, Brian James – Fire Chief, Mary Volk – City Clerk and Andrew Finzen – City Manager.   

Mayor Garcia led Pledge of Allegiance


  1. Unfit Structure at 1521 Kansas Ave. – Mayor Garcia opened public hearing at 5:01 p.m.  Andrew stated, public hearing was set by resolution approved June 15th to allow public comment on property.  Yvonne Ornelas citizen stated, my mother is owner of record for this property and I am her durable Power of Attorney.  The property was sold to Shawn Campbell in 2016 and I want to make sure my mother is not responsible for costs associated with property.  Andrew stated, your mother is name on file with Register of Deeds.  Yvonne stated, I have a signed contract dated June 2, 2016 and a bill of sale between Shawn and my mother for payment of property.  Once contract was paid off I did not know how to transfer title to him.  I do not have title to change property into his name.  Mayor Garcia stated, your concern is that your mother is not held liable for expenses?  The way the process works is this is hearing, with action on property to follow.  Costs will be assessed against the lot, so property owner of record is where tax is assessed.  If costs remain unpaid property will go up for tax sale.  Yvonne stated, taxes are not up to date as Shawn has not continued paying them.  They were current when contract was made.  Andrew stated, costs are associated with property owner registered at court house.  Costs stay with the property so if property changes hands costs follow property.  Brian stated, you have to make sure everything is legal at Register of Deeds Office; the paper you have is not worth anything unless it is filed registered.  Vice-Mayor Thompson stated, your best option is to go to title-company for help with quit claim deed or go talk to Register of Deeds Office.  Andrew stated, if we go through with process, the individual responsible for associated costs right now is your mother.  If property changes handscosts go with the property, but costs will stay with your mother if a new deed is not filed.  Mayor Garcia closed public hearing at 5:09 p.m.
  2. FY 2021 Budget – Mayor Garcia opened public hearing at 5:10 p.m.  Andrew stated, budget hearing was advertised in newspaper according to statute.  Commission has a copy of summary published and revised pages with changes have been distributed.  Mayor Garcia closed public hearing at 5:11 p.m.


  1. Randy Gavin – Randy stated, the Flatlander Committee is having a formal meeting as to whether we are hosting event this year.  We are meeting tomorrow 7:00 p.m. at 1819 Cherry for feedback.  Mayor Garcia asked, has there been any comment as to why we would not have event.  Randy stated, we want to have event and have been successful with funding from City, Chamber of Commerce and County.  We want to know public concerns. 


  1. 07/20/20 Commission Meeting Minutes
  2. Appropriation Ordinances: 2020-15, 2020-15A, and 2020-P15

ON A MOTION by Vice-Mayor Thompson to approve Consent Agenda seconded by Commissioner Howard.  MOTION carried on a VOTE of 5-0.


  1. Resolution 1567: Unfit Structure at 1521 Kansas Ave. – Andrew stated, resolution is action following public hearing.  Approval of resolution designates property as unfit structure, giving owner thirty days to remedy situation or the property will be back to Commission to request bids for demolition.  ON A MOTION by Commissioner Brumbaugh to approve Resolution 1567: Unfit Structure at 1521 Kansas Ave. seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.


  1. Downtown Revitalization Plan Presentation – Andrew introduced Somnath Mukherjee, summer intern to discuss project.  Somnath stated, I would like to thank everyone for the opportunity, it has been exciting talking to business owners.  Somnath showed a Commission a documentary of revitalization plan.  Andrew introduced Nadine Sigle from KSU office facilitating project with Somnath.  Emphasis of documentary is to make business façade inviting for Goodland with better sidewalks and keeping restaurants and businesses open later hours.  Andrew stated, more than 60% of people taking survey requested a grocery store, coffee shop and more places to shop.  We would like to take information and pursue funding sources to make it a reality and not leave plan on the shelf.  It will be a process, but we have the road map to begin process.  Somnath stated, I am also contacting national and state Main Street for assistance with funding project.  I would like to thank Andrew and the City for this opportunity.  Andrew asked, is there information the Commission appreciated or what feedback do you have moving forward.  Vice-Mayor Thompson stated, I feel it is fantastic, appreciate the ability to walk downtown.  I do not know feasibility to get every building occupied.  Commissioner Brumbaugh stated, professional video; we have to have reasons to draw people downtown.  Good ideas that go along with what I have heard from public.  Somnath stated, I enjoyed talking to local people; they tell you what they want downtown and this would be beneficial to downtown.  Mayor Garcia stated, presentation is dynamic and aesthetics were beautiful.  We can take it one step at a time to make things better.  I feel with Sherman County Community Foundation behind project we can accomplish some things on Main Street. 


  1. FY 2019 Audit Report – Harold Mayes, CPA from Agler and Gaeddert presented audit report to Commission.  Harold stated, we feel adequate testing of procedures was performed to indicate statements are fairly stated.  The City opted out of GAAP like most municipalities do.  Commissioner Brumbaugh asked, can the Commission vote to use money left over in budget in other areas for other projects?  Harold stated, it depends what fund you are talking about.  If it is a fund with a mill levy, the money has to stay within that fund for the specific fund purpose.  It is guided by budget authority and purpose for money in the fund.  The City is in compliance with State Statutes.  There was a negative balance in the Airport Improvement Fund but there was grant money reimbursing this amount which is not a budget violation on expenditures.  The fund balance for Self Insurance and Employee Benefits have unknowns with health costs.  We have discussed with utility funds to maintain a three month reserve of expenditures.  Vice-Mayor Thompson asked, why do municipalities opt out of GAAP annually, is that the best way or not?  Harold stated, from an accounting standpoint, GAAP provides a better feeling of your cash.  There is no ranking of GAAP for municipal bonds to know where cash is at.  GAAP gives overview of infrastructure but no better bond rating then what you have now.  It requires the City to determine costs and depreciation of all assets, including streets and infrastructure.  Federal government is pushing everyone toward GAAP but it takes a lot of work the first few years.  ON A MOTION by Vice-Mayor Thompson to accept the 2019 Audit Report seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0. 
  2. FY 2021 Budget – Andrew stated, you have concluded the hearing so 2021 Budget needs to be adopted.  ON A MOTION by Vice-Mayor Thompson to adopt the 2021 Budget as published seconded by Commissioner Farris.  MOTION carried on a VOTE of 3-2 with Mayor Garcia and Commissioner Farris casting the dissenting votes.
  3. IFB 2020-03: Power Plant Roof Replacement – Andrew stated, we accepted sealed bids for the power plant engine room roof.  It is a ballasted roof that leaks with rainfall.  There is $60,000 in reserves for the project.  We received one bid from Weathercraft Roofing in the amount of $37,760 plus $4.20 per square inch of wet insulation to be replaced.  ON A MOTION by Commissioner Brumbaugh to approve the bid from Weathercraft Roofing in the amount of $37,760 and $4.20 per square inch of wet insulation to be replaced on the power plant engine room roof seconded by Vice-Mayor Thompson.  Commissioner Howard stated, my concern is we have one bid so we do not know if it is good or not.  I know we need new roof, but do we know this is a good number with one bid?  I recommend getting additional bids.  I will vote for it because we need the roof.  Andrew stated, this was sealed bid process and have had bidders ask about project, but we still got only one bid.  Commissioner Brumbaugh stated, I am in favor of getting more than one bid.  This has been a frustration of mine in the past.  I do not know why we cannot get more than one bid.  However, the need for new roof is overdue.  Vice-Mayor Thompson asked, where was request advertised?  Andrew stated, the City website through the subscription process requesting notice of bids.  We did not advertise in paper.  Mayor Garcia stated, in the future it is a good idea to advertise in Goodland Star to reach more venues.  MOTION carried on a VOTE of 5-0. 
  4. IFB 2020-03: Airport Taxiway B Reconstruction – Andrew stated, the bid opening for project was this afternoon then we met with EBH and the Airport Board to discuss options.  Darin Neufeld EBH Engineer stated, a year ago last fall we submitted grant application to KDOT Aviation for grant funding of Base Bid.  We put project out for bid separating project into a Base Bid and Add Alternate.  We were awarded $310,612 funding from KDOT Aviation for Phase 1, which is Base Bid.  We felt there would be more bidders but schedules are full so only received two bids, Miller Construction from Goodland and Bryant and Bryant Construction from Halstead.  We broke project up in bid process, knowing City did not have funding today for Add Alternate.  Plan was to award Base Bid then submit application for grant funding this fall for Add Alternate since have information.  Board is proposing to award Base Bid to Miller Construction in the amount of $429,687.50 then approve a change order to move some quantities from Phase One to Add Alternate in hopes of getting additional funding with new grant.  Original grant was 10% match.  City also received $30,000 in CARES Act money from FAA to help pay City share.  Original City share was estimated at $35,000, add CARES Act funding with grant and total funding does not fit within bid amount for Phase One so we plan to work with contractor to move excess work into Alternate One.  We bid to start construction this fall but contractors are not able to start in fall so will be next year.  We talked to Miller Construction after bid opening to see if weather is decent they would consider starting earlier if winter does not shut construction down.  Late January we will know if City is awarded money for Add Alternate in hopes to complete Phase One and Add Alternate together.  Mayor Garcia asked, what kind of construction are we doing?  Darin stated, Taxiway B is small strip connecting to Taxiway A running in front of Frontier Ag hangar, goes to T-hangars and ties into Runway 5-23.  It is a triangle taxiway system that connects the T-hangars with Topliff hangar and back to main apron.  It is currently all asphalt and has reached end of life.  It was never designed for heavy aircraft but for T-hangar traffic.  New construction is concrete designed to stand weight of any other taxiway at airport.  Commissioner Brumbaugh asked, where is contractor purchasing concrete?  Darin stated, it will come from Schlosser Concrete.  Engineer estimate on project was 10% less than bid but difference is not in concrete, it is all in base.  We are asking for crushed concrete in base which ended up being more expensive than planned.  ON A MOTION by Commissioner Farris to approve the bid from Miller Construction in the amount of $429,687.50 for Phase One of Taxiway B Reconstruction, contingent upon review and approval from contractor to issue change order and approval by KDOT Aviation seconded by Commissioner Brumbaugh.  MOTION carried on a VOTE of 5-0.  Darin stated, we should hear in October that City is approved for design and bidding of Crosswind Runway, then will bid project in spring.


  1. Review of Board Applicants – Andrew stated, Linda Welch is seeking application to Museum Board.  There is one vacancy for a three year appointment.  Consensus of Commission is to have item for approval next meeting.
  2. PIC Consulting Contract – Mayor Garcia stated, I requested item on the agenda.  Andrew stated, I apologize but I uploaded the Business Associate Document and not the agreement.  In February I provided Commission contracts but this is not the right contract.  Mayor Garcia stated, I recommend discussing contract on next agenda so everyone has the correct document to review.  Andrew stated, that is fine, PIC is a three year contract, providing services for benefits, payroll and insurance.  Mayor Garcia asked, the contract has a ninety day clause and Commission has requested with clause to know before ninety day time period has expired.  Andrew stated, the ninety days is a rolling day notice, it does not have to be tied to March renewal date. 


  1. City Manager – 1.  We are doing annual chip sealing today and tomorrow.  2. We received two Dane Hansen grants.  One in amount of $25,000 for museum renovation and then $10,000 for resurface of tennis courts.  3.  Sales tax distribution was $56,191.86 for July, up from 2019 amount of $53,790.91.  Sales tax is up $20,000 over last year so we are in a good spot.  4.  Economic Development board met July 17th with desire to have a joint meeting.  I am waiting confirmation from County to have joint meeting August 17th.  Vice-Mayor Thompson asked, where are we in interview process to hire new Police Chief?   Andrew stated, we are advertising for applications, first round to be reviewed August 10th.  I am seeking a hiring panel to review applicants and conduct interviews.  I would like to get some community members on panel.  We have four applications to date.  Vice-Mayor Thompson asked, who will be involved with reviewing applications?  Andrew stated, I have reached out to some individuals but do not wish to announce names in public meeting.  Mayor Garcia stated, keep Commission involved by email so we are aware who is applying.  Vice-Mayor Thompson stated, I see we are soliciting bids for new fire vehicle, is that a good idea with merger in process?  Andrew stated, the current vehicle is limping along and we had another incident that left it dysfunctional.  The structure of proposed merger is all assets City owns remain City assets and same for County.  Brian needs a vehicle; this is a heavily used vehicle and at the rate we are putting money back to replace, it will be a while.  With merger we feel it is an incentive to purchase the vehicle at this point in process and can combine money after merger for joint purchase of apparatus.    
  2. Fire Chief/Building Inspector – Brian stated, I am working on ISO testing of pumps and apparatus.  We will have an individual come to do pressure tests on equipment.  The Arial truck is due for five year test.  They do x-ray of stick to verify no fractures on stick for certification then require annual test with weight on ladder.  Saturday’s in August or September we will test our 5” hose.  All apparatuses are operating well.  Ladder one was sent to Colorado earlier this year for work.  We will have regular training Tuesday night.  On Building Inspection, the Holiday Inn Express is moving along.  They are getting mechanical work done and have painters on third and fourth floors and putting in tile.  The elevators are also being installed.  The General Contractor feels they are two to three weeks behind at this time with time it took to get supplies.  There is a house/shop being built on 22nd Street along with other small projects around town.  Dakota is busy with Code Enforcement for nuisances and weeds.  Dakota stated, we still have houses from the storm in 2017 and code requires them to be repaired.  I am sending letters on properties that still have storm damage.  I thought if I waited later in summer, some of the properties would have had some work done.  Only properties that are dysfunctional can be addressed.  I have sent about sixty letters.  Mayor Garcia stated, several years ago the City passed an ordinance on double wide trailers stating if double wide exists they can remove it and replace with new double wide.  Brian stated, the structure has to be manufactured building and they cannot replace a double wide with a single wide.  You are asking about the property at 8th and Walnut that wants to remove double wide to put in single wide.  The other issue is this is a corner lot that requires a fifteen foot setback.  The only way I am comfortable with this is if they use the exact footprint to allow setback and fit within area.  Commissioner Howard stated, so the Commission needs to decide if want to continue the fifteen foot setback on corner lot.  Brian stated, yes, I feel if they are within the existing building line we should allow but code is specific in the setback so Commission needs to decide if want to maintain code.  Planning Commission in 2002 came up with this plan.  Commissioner Howard stated, I would like this on agenda for discussion.  Commissioner Brumbaugh stated, I feel we failed as a Commission and do a disservice to the building department when we do not support when they enforce code in place.  The codes are there for safety concerns.  We need a formal process with complaints to see what interest there is to change code.  Until the code is changed we need to continue to do work as spelled out in the code.  I want a formal process if we are going to change the code.  Then we need to address it and move on to be fair to everyone, no matter who it is.  Mayor Garcia stated, I visited with Andrew on same issue to remove some information from the code.  I agree we need to discuss then take a formal vote.  Commissioner Brumbaugh stated, I was not addressing anything specific, just the code as whole so we do not give mixed signals.  Brian stated, we appreciate that as there have been times the Commission will fuel the complaint and do not support Code Enforcement when enforcing City Code.  It makes it hard to enforce the code.  Anyone can review the code, it is open for anyone to read.  Commissioner Brumbaugh stated, we need a policy to protect ourselves.  Commissioner Farris asked, is there anyway complaint sent to landowner can also be sent to tenant?  Brian stated, requires a policy change as code says correspondence goes to property owner not tenant.  I feel before that is changed that is a question for the League or City Attorney as the owner needs to be aware of what is going on at their property.  Commissioner Farris stated, some property owners are pretty big.  Brian stated, timeline in letter is determined by extent of violation.  Andrew stated, I feel we will run into issues with leases if we contact the tenant.  The owners would need to file agreements with City so we know who property owner leased property to, which is a lot for City to track.  I do not feel any private agreements need to be filed with the City.  Commissioner Brumbaugh stated, a good example is hearing held tonight.    
  3. Museum Director – Sami stated, our board is excited about entry way project.  We are looking at fall start date.  To date we have had 904 visitors which is down as we would expect with COVID.  Staff is working on inventory of clothing and textile we own and digitizing railroad collection.  I invite Commission to visit the museum to view the World War II and Travelling Tuskegee Airman Exhibits. 
  4. City Commissioners

Vice-Mayor Thompson – 1.  No Report 

Commissioner Brumbaugh – 1.  Do you have an update on 24/7?  Andrew stated, I believe they are soliciting bids for project end of the month.  They have secured a food vendor and coffee shop.  2.  Couple agenda items I would like to discuss to give employees notice of possible changes.  One is spouse coverage on our insurance.  If employee has a working spouse with policy available, they will not be eligible to be on City policy.  We can use that money for other line items.  The other is the fact that retired employees can buy into our plan as well.  I feel we need to let employees know that we are discussing these items.  I approved the budget to look at options available for employees. 

Commissioner Howard – 1. Thank you to our employees and citizens listening.

Commissioner Farris – 1.  I voted against budget because we put the $1.00 wage increase in budget thinking the employees were paying 4% of insurance. 

  • Mayor 1.  The intersection at 8th and Arcade travelling north has a tree at intersection that is in site triangle.  Andrew stated, we are aware of the tree but this intersection is not a site triangle issue.  Code spells out the process to measure the site triangle and this tree does not fit code.  Mayor Garcia stated, please check the intersection of 5th and Caldwell coming west on 5th   Street also.  2.  I was caught out at Steak and Shake the other day when I saw an individual having problems with a travel trailer.  I observed a police officer assisting individual then gave the individual an escort out of town.  Good job to Officer Erhart, this is representation we like to see.  Then I was driving north on Highway 27 and stopped to call 911 for a pickup with a motorcycle ramrodded under it.  Officer’s Roeder and Wright assisted on scene and did a good job. 

ADJOURNMENT WAS HAD ON A MOTION CommissionerBrumbaugh seconded by Commissioner Howard.  Motion carried by unanimous VOTE, meeting adjourned at 7:15 p.m.  Next meeting is scheduled for August 17, 2020.


ATTEST:                                                                               John Garcia, Mayor

_______________________Mary P. Volk, City Clerk